T. Piyasena vs Dolage Ralage Dingiri Mahattaya – 842/99 F -2014

In the case between Dolage Ralage Dingiri Mahattaya, Ratnayake Mudiyanselage Podimenike (Plaintiff-Respondents), and T. Piyasena (Defendant-Appellant), the court addressed whether the Defendant-Appellant occupied the subject land as a licensee or had acquired ownership by prescription. It was determined that a licensee is precluded from disputing the licensor’s title or claiming prescriptive rights until possession is surrendered. The Plaintiffs’ entitlement to a declaration of title, recovery of possession, and damages was affirmed. The decision reaffirmed the principle that those entering possession as licensees may not challenge the title of their licensors while retaining possession, grounded in established authorities including Ruberu v. Wijessooriya, Pathirana v. Jayasundera, and Maj